copyright

June 04, 2008

Viacom GC Michael Fricklas supports mashups + transformative reuses of copyrighted works

News:  Andy Plesser of Beet.TV interviewed Michael Fricklas, Executive Vice President and General Counsel of Viacom. Fricklas and Viacom have been on record already in generally supporting user-generated content that involve noncommercial mashups and remixes of copyrighted content. They emphasize the noncommercial nature and some "transformative" element -- adding something new -- in the remix.

Analysis: Viacom should be applauded for its stance, although the proof always is in the pudding.

April 08, 2008

Are mashups and user-generated content legal under copyright law?

News:  I have finally posted the draft of my article about user-generated content, mashups, and copyright law.  Please email me at utubeblog [at] gmail.com with comments or questions.

You can download the article from SSRN by clicking on this link (or email me for a copy).

Read this doc on Scribd: Warming Up to User-Generated Content

April 03, 2008

What is Web 3.0?

Question:  What is Web 3.0?  How is it different from Web 2.0?

My answer: Over the past several months, I've been trying to immerse myself in as many Web 2.0 sites I can while I have been writing an article on user-generated content (which I promise I will be sharing in beta form very soon--someone else is responsible for getting the draft online but I may just do it myself).  Any regular reader of this blog knows that I have been religiously following YouTube for over a year and a half, and, by now, I probably am a YouTube expert, if there is such a thing.  I also look at the other major video sharing sites and now the video sharing components of all the major networks.  I try to read the reviews on Tech Crunch of the latest startups.  Recently, as some of my students know (perhaps against their wishes), I started playing around more with Facebook to see for myself what all the hype is about (I'll do a post later on Facebook). 

Today, though, I want to start jotting down some thoughts on where I see the Internet heading -- to the so-called Web 3.0.  Eric Schmidt provided a glimpse of an answer in the video at the end of this post.  I will probably have to write several posts and then aggregate them together at the end.  Today's post will focus on the first feature of Web 3.0 that is already taking shape. 

1. We're living in an embeddable world:  The majority of all content on the Internet will become unbundled, portable, and freely embeddable throughout the Web.  

We owe a lot to YouTube for popularizing this development.  YouTube designed their video sharing system in a way to enable people to embed their videos throughout the Web, such as on blogs and MySpace pages. The embedded video below is just one example.  Today, just about every major media content producer that posts videos online (with a few holdouts) allows people to take those professional videos and stick them in some other website.  The major media companies that choose not to allow embedding of their videos do so at their peril.  They are missing out on the possibility of having their content go viral. 

For photographs, Flickr helped to foster the exporting and sharing of user-generated photographs, but Photobucket really took it to the next level by tagging the images into code that could be embedded into blogs and websites just like a YouTube video.

More generally, there are hundreds, if not thousands, of "widgets" that developers have made -- ranging from newsfeeds to games to music and video players -- that can be freely embedded in any website.

Why is this significant? This development runs counter to the instincts of the major media content producers, who have for a long time guarded their content like crown jewels, under lock and key.  But, on the other side of the coin, the development also flies in the face of the rhetoric from the "copyleft" side that tends to see the Internet as under constant threat from major media companies that supposedly want to "lock down" culture, particularly through copyright enforcement.  Just to throw out one example, although I learned a lot from reading J.D. Lasica's "Darknet" book and think it's an excellent book, its rhetoric against Hollywood is way overblown and the book misses the groundswell developments for unbundled, portable, and embeddable content that many Hollywood studios have increasingly embraced, even if, at first, begrudgingly. 

April 02, 2008

Viacom v. YouTube: my copyright class weighs in

News:  Today, we discussed the Viacom v. YouTube case in my copyright class.  I use TurningPoint technology that allows me to instantly poll my class through PowerPoint slides.  88% of my class concluded that YouTube falls within the Section 512 safe harbors.  That's a very high percentage--indeed, one that I find surprising based on previous votes in my class.  In difficult cases, my class tends to split closer to 50/50 or 60/40, as you might expect.  But rarely does my class vote in one-sided fashion unless the case is pretty easy -- which isn't exactly how I would characterize the YouTube case.  I may have some more discussion with my class on Monday, and if I find anything illuminating about the vote, I'll try to post it.

Analysis:  I think the voting technology has made me wonder why copyright defendants do not request jury trials in every single case.  I would think a jury increases the chances of the defendant winning in cases with arguable defenses.

Below is Viacom's complaint v. YouTube

March 30, 2008

Ars Technica finds outrageous provision in Adobe Photoshop Express's EULA

News:  Ars Technica caught another outrageous provision in a EULA (end user license agreement), this time from the just launched Adobe Photoshop Express.  Basically, the provision in the EULA by Adobe claimed to allow Adobe to re-use all of your photos posted on its site forever -- without royalties.  After Ars Technica emailed Adobe, Adobe has admitted this provision is wrong and will be changed.

Analysis
: My question again:  who is the lawyer who drafted the EULA?  That person should be fired.

March 29, 2008

YouTube strikes major copyright deal with Japan Rights Clearance

News: Karaoke is popular in Japan and, of course, elsewhere.  So what happens when thousands of people record themselves karaoking and post the videos on YouTube?  Well, for Japanese music, YouTube has worked out a 1-year royalty deal to pay Japan Rights Clearance to allow people to continue to make these amateur karaoke videos and share them online.  A similar deal has been hashed out with JASRAC.  (More)

Analysis:  Good deal.  This deal benefits the public and those Japanese amateurs singers or just karaoke fanatics on YouTube.  YouTube is essentially acting as an intermediary and arranging the copyright deal that ratifies the user practice.  I have an article coming out in October that discusses the importance of these user practices -- I will share a draft soon.  The Japanese deal raises a couple questions in my mind: 

1.  Will a similar deal be hashed out in the United States, with the likes of ASCAP and others?  (It may well be that YouTube's prior deals with some of the music labels/publishers may have covered some of this.)

2.  How can YouTube afford to pay for all of this?  YouTube is doing a public service right now by enabling people to do a lot of things with video without the need for users to get copyright licenses, but YouTube needs to make money somehow.

December 2008

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